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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Rules and Regulations]
[Pages 104884-104886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30583]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0385; FRL-12224-02-R5]

Determination of Attainment by the Attainment Date; Michigan; St. 
Clair 2010 Sulfur Dioxide Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is making a final 
determination that the St. Clair, MI sulfur dioxide (SO2) 
nonattainment area attained the 2010 SO2 national ambient 
air quality standard (NAAQS) by the date of September 12, 2021, 
addressing EPA's obligation under the Clean Air Act (CAA) to determine 
whether the area attained the 2010 SO2 NAAQS attainment 
date. EPA proposed this action on September 26, 2024, and received no 
comments.

DATES: This final rule is effective on January 27, 2025.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2020-0385. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, i.e., Confidential Business 
Information (CBI), Proprietary Business Information (PBI), or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either through https://www.regulations.gov or at the Environmental Protection Agency, Region 
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding Federal holidays. We recommend that 
you telephone Alexis Bender, at (312) 886-9497, [email protected] 
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Alexis Bender, Air and Radiation 
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-9497, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background

    On September 26, 2024 (89 FR 78837), EPA proposed to determine that 
the St. Clair, MI SO2 nonattainment area attained the 2010 
SO2 NAAQS by the attainment date of September 12, 2021. This 
determination is based on annual SO2 emissions data, modeled 
data, and certified ambient air quality data from EPA's December 7, 
2021, Clean Data Determination for St. Clair, based on 2017 to 2019 
data, as well as publicly available additional supporting 2020 data. A 
detailed explanation of the CAA requirements and EPA's reasons for 
proposing approval were provided in the notice of proposed rulemaking 
(NPRM) and will not be restated here. The public comment period for 
this proposed rule ended on October 28, 2024. EPA received no comments 
on the proposal.

II. Final Determination

    EPA is making a determination that the St. Clair nonattainment area 
attained the 2010 SO2 NAAQS by the relevant attainment date 
of September 12, 2021. The determination of attainment by the 
attainment date does not constitute a redesignation of the St. Clair, 
MI nonattainment area to attainment of the 2010 SO2 NAAQS 
under section 107(d)(3) of the CAA. The St. Clair area will remain 
designated nonattainment for the 2010 SO2 NAAQS until such 
time as EPA approves a redesignation request and accompanying 10-year

[[Page 104885]]

maintenance plan, and EPA determines that the area meets the 
requirements of CAA section 107(d)(3) and provides for maintenance as 
required by CAA section 175A.
    This final action will address EPA's obligation under CAA section 
179(c) to determine if the St. Clair Area attained the 2010 
SO2 NAAQS by the attainment date of September 12, 2021.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review, and Executive 
Order 14094: Modernizing Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Order 14094 (88 FR 
21879, April 11, 2023).

B. Paperwork Reduction Act (PRA)

    This rule does not impose an information collection burden under 
the provisions of the PRA of 1995 (44 U.S.C. 3501 et seq.). This action 
does not contain any information collection activities and serves only 
to make a final determination that the St. Clair, Michigan 
nonattainment area attained the 2010 SO2 NAAQS by the 
September 12, 2021, attainment date.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA (5 
U.S.C. 601 et seq.). The determination of attainment by attainment date 
action of attaining the 2010 SO2 NAAQS will not impose any 
requirements on small entities or will not create any new requirements 
beyond what is mandated by the CAA.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government. The 
division of responsibility between the Federal government and the 
states for purposes of implementing the NAAQS is established under the 
CAA.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175 (65 FR 67249, November 9, 2000), requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by Tribal officials in the development of regulatory policies 
that have Tribal implications.'' This action does not have Tribal 
implications as specified in Executive Order 13175. This action does 
not apply on any Indian reservation land, any other area where EPA or 
an Indian Tribe has demonstrated that a Tribe has jurisdiction, or non-
reservation areas of Indian country. Thus, Executive Order 13175 does 
not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying to those regulatory actions that concern environmental 
health or safety risks that EPA has reason to believe may 
disproportionately affect children, per the definition of ``covered 
regulatory action'' in section 2-202 of the Executive Order. This 
action is not subject to Executive Order 13045 because it does not 
establish an environmental standard intended to mitigate health or 
safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001) because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards. Therefore, 
EPA is not considering the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
Executive Order 14096 (Revitalizing Our Nation's Commitment to 
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on 
and supplements E.O. 12898 and defines EJ as, among other things, the 
just treatment and meaningful involvement of all people, regardless of 
income, race, color, national origin, or Tribal affiliation, or 
disability in agency decision-making and other Federal activities that 
affect human health and the environment.''
    EPA did not perform an EJ analysis and did not consider EJ in this 
action. Due to the nature of the action being taken here, this action 
is expected to have a neutral to positive impact on the air quality of 
the affected area. Consideration of EJ is not required as part of this 
action, and there is no information in the record inconsistent with the 
stated goal of E.O. 12898/14096 of achieving EJ for communities with EJ 
concerns.

K. Congressional Review Act

    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

L. Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 24, 2025. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Sulfur dioxide.

    Dated: December 18, 2024.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 40 CFR part 52 is 
amended as follows:

[[Page 104886]]

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. In Sec.  52.1170, the table in paragraph (e) is amended by adding an 
entry for ``2010 Sulfur Dioxide Determination of Attainment by the 
Attainment Date'' before the entry for ``Determination of failure to 
attain the 2010 SO2 standard'' to read as follows:

Sec.  52.1170  Identification of plan.

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    (e) * * *

                       EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
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                                                                   State
 Name of nonregulatory SIP provision  Applicable geographic or   submittal      EPA Approval date      Comments
                                        non- attainment area        date
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                                                  * * * * * * *
2010 Sulfur Dioxide Determination of  St. Clair County (part).  ...........  12/26/2024, [INSERT     ...........
 Attainment by the Attainment Date.                                           FIRST PAGE OF Federal
                                                                              Register CITATION].
 
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[FR Doc. 2024-30583 Filed 12-23-24; 8:45 am]
BILLING CODE 6560-50-P
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